Written Answers Friday 11 April 2008

Scottish Executive

Non-Departmental Public Bodies

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether Scottish Government officials have the power to instruct non-departmental public bodies (NDPBs) to take particular actions without the consent of ministers and relating to individual cases with which an NDPB may be dealing, as distinct from matters in relation to the administration and financing of the organisation and where those powers are specified in statute.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether ministers have the power to formally instruct non-departmental public bodies (NDPBs) as to the procedures they should follow and the timescales they should work to when an NDPB is working on a particular case or application for which it has statutory responsibility, as distinct from instructions in respect of following Scottish Government policies, priorities and administrative and financial requirements and where these powers are specified in statute.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive on how many occasions since May 2007 ministers have instructed non-departmental public bodies (NDPBs) to take particular actions with regard to individual casework with which the NDPB was dealing and which fell within the NDPB’s statutory responsibilities.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether, in dealings with non-departmental public bodies (NDPBs), a distinction is made between an instruction to an NDPB from the Scottish Government and a formal direction and whether a distinction is made between provisions for the Scottish Environment Protection Agency and other NDPBs.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether ministers have to approve formal directions to a non-departmental public body (NDPB) and whether a distinction is made between provisions for the Scottish Environment Protection Agency and other NDPBs.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether ministers are obliged or advised to follow any procedures prior to issuing a direction to a non-departmental public body (NDPB) and whether a distinction is made between provisions for the Scottish Environment Protection Agency and other NDPBs.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether a non-departmental public body which was being given a direction by the Scottish Government would be informed that it was a formal direction it was being given and whether any such notification would normally make clear whether the direction was following a decision of ministers.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether there is written guidance for ministers in relation to (a) instructing non-departmental public bodies (NDPBs) whether to take particular courses of action, (b) issuing formal directions and (c) in their other dealings with NDPBs and whether it will publish any such advice.

Michael Russell: The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.

  Within this delivery relationship, there is a wide range of terminology used to describe instructions that can be given to NDPBs and this is normally contained in enabling legislation or other relevant corporate documentation underpinning the governance framework. The scope of instruction and direction can also vary considerably, ranging from simple accounting matters to issues of substance and can cover procedures and timescales where ministers believe there is a public interest. Whether of a general or specific nature, "powers of direction" allow government to exercise the degree of control necessary to ensure parliamentary, ministerial and public accountability for bodies in receipt of government funds.

  The way in which the Scottish Government discharges these core functions is not recorded separately or given prominence over other issues of sponsorship activity. In addition, the way in which directions can be invoked and communicated will vary depending on the individual circumstances or context.

  The governance framework which confers NDPB status provides for a degree of ministerial judgement in deciding the most appropriate level of interaction between body and government.

  NDPB sponsorship guidance is contained on the Scottish Government’s public bodies website at:   http://www.scotland.gov.uk/Topics/Government/public-bodies.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the evidence of the Scottish Environment Protection Agency (SEPA) to Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 properly exercised its statutory functions to inform policy and promote an understanding of SEPA’s activities; whether SEPA complied with its statutory duties, and how it exercised its statutory powers to make environmental information available to the public and to involve communities in decisions that affect their local environments.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency (SEPA) to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan complied with SEPA’s general duty to ensure that its activities are compatible with the statutory guidance on sustainable development in respect of SEPA’s own contribution to sustainable development and environmental justice.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether and how the advice of the Scottish Environment Protection Agency (SEPA) to Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 complied with SEPA’s general duty to ensure that its activities are compatible with the statutory guidance on sustainable development in respect of SEPA’s own contribution to sustainable development and environmental justice.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency (SEPA) to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan complied with Scottish ministers’ strategic objective to provide clear and readily available advice and information on SEPA’s work and to involve the public in environmental protection and, if so, in what way.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency (SEPA) to Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 complied with Scottish Ministers’ strategic objective to provide clear and readily available advice and information on SEPA’s work and to involve the public in environmental protection and, if so, in what way.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan complied with Scottish ministers’ strategic objective to develop a close and responsive relationship with the public, local authorities and regulated authorities and, if so, in what way.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency to Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 complied with Scottish ministers’ strategic objective to develop a close and responsive relationship with the public, local authorities and regulated authorities and, if so, in what way.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers that the Scottish Environment Protection Agency was correct to withdraw its objection on 4 December 2007 to the planning application for the Aviemore resort hotels master plan under consideration by the Cairngorms National Park Authority in the absence of a flood risk assessment from the developer and to agree to the proposed allocations in the master plan on the basis that adequate flood risk assessment would be undertaken.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency (SEPA) to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan complied with SEPA-Planning Authority Protocol: Advice and Consultation and the associated planning advice note and, if so, in what way.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan complied with Scottish Planning Policy 7: Planning and Flooding (SPP 7).

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether a comprehensive drainage assessment was required to address groundwater issues and discharges to watercourses in the planning application for the Aviemore resort hotels master plan and, if not, what the reasons were for such an assessment not being required.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers that the Scottish Environment Protection Agency and the Cairngorms National Park Authority took an informed approach to decision making and erred on the side of caution in relation to the flood risk assessment of the Aviemore resort hotels master plan application.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the Scottish Environment Protection Agency’s (SEPA’s) advice to the Cairngorms National Park Authority on the Aviemore resort hotels master plan planning application complied with the rules and guidelines relevant to the exercise of SEPA’s functions, duties and powers, as set out in the Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department and, if so, in what way.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the Scottish Environment Protection Agency’s (SEPAs) evidence to Aberdeen City Council’s public local inquiry in May 2006 and to the Moray Council public local inquiry in November 2007 complied with the rules and guidelines relevant to the exercise of SEPA’s functions, duties and powers, as set out in the Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department and, if so, in what way.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the Scottish Environment Protection Agency’s advice to the Cairngorms National Park Authority on the Aviemore resort hotels master plan planning application complied with its statutory duty to promote sustainable flood management and, if so, in what way and whether that advice took full account of regulations and guidance issued by Scottish Ministers.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the Scottish Environment Protection Agency’s evidence to Aberdeen City Council’s public local inquiry in May 2006 and to Moray Council’s public local inquiry in November 2007 complied with its statutory duty to promote sustainable flood management and, if so, in what way and whether that evidence took full account of regulations and guidance issued by Scottish ministers.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether, when giving advice to the Cairngorms National Park Authority in the Aviemore resort hotels master plan planning application, the Scottish Environment Protection Agency (SEPA) properly exercised its statutory functions to inform policy and promote an understanding of its activities; whether SEPA complied with its statutory duties, and how it exercised its statutory powers to make environmental information available to the public and involve communities in decisions that affect their local environment.

Michael Russell: As a statutory public body SEPA is responsible for ensuring that it carries out its functions in accordance with its statutory powers and duties, taking account of any other relevant guidance, policies or regulations. Scottish ministers are responsible for setting the policy framework within which SEPA carries out its functions, and strategic oversight of SEPA’s performance, through approval of SEPA’s Corporate Plan, scrutiny of SEPA’s performance indicators, and through regular liaison with the chair and board. Any question about how SEPA carried out its functions in relation to an individual case should be directed to its chief executive.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers that proposals for new housing or retail development requiring new flood prevention measures should proceed only through the development plan process and with full consideration of all the implications of such development.

Stewart Stevenson: The Scottish Government considers that in accord with Scottish Planning Policy (SPP)7 Planning and Flooding , proposals for the development of additional undeveloped areas which would require new flood prevention measures should come forward through the development plan process.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the actions of Scottish Ministers in respect of the advice of the Scottish Environment Protection Agency (SEPA) to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan and related planning applications comply with ministers’ responsibilities and accountabilities, as set out in the SEPA Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department, with particular regard to ministers’ powers to call-in applications and determine appeals in relation to SEPA’s statutory functions and, if so, in what way.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it will make a statement to the Parliament on how the actions of Scottish Ministers in respect of the advice of the Scottish Environment Protection Agency (SEPA) to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan and related planning applications comply with ministers’ responsibilities and accountabilities, as set out in the SEPA Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department, with particular regard to ministers’ powers to call-in applications and determine appeals in relation to SEPA’s statutory functions.

Michael Russell: I am satisfied that Scottish ministers acted at all times in relation to this application in accordance with their responsibilities and accountabilities as set out in SEPA’s Management Statement.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between Mr Macdonald’s company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore resort hotels planning application, which was received by email from the First Minister’s constituency office manager on 9 and 13 November 2007, were produced in hard copy and given to either the First Minister or his advisers.

Michael Russell: No.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between Mr Macdonald’s company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore resort hotels planning application, which was received by email from the First Minister’s constituency office manager on 9 and 13 November 2007, were placed on the ministerial correspondence system.

Michael Russell: They were not.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what advice was given to the First Minister or his special advisers in relation to the receipt of the correspondence and enclosures sent by the First Minister’s constituency office manager to his private office, intimating Mr Donald Macdonald’s intention to show the First Minister the exhibition of the live planning application for the second phase of the resort’s development that Mr MacDonald had arranged to be viewed in his hotel complex.

Michael Russell: No such advice was given.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what the First Minister discussed with Mr Donald Macdonald when they met in October 2007.

Michael Russell: I refer the member to the answer to question S3W-9043 on 25 February 2008. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive which protocol dictated that the First Minister’s private office should not bring to his attention correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between the company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore resort hotels planning application, which was received from the First Minister’s constituency office manager on 9 and 13 November 2007.

Michael Russell: The correspondence of 9 November 2007 was a forwarded copy of a forwarded email, with an attached letter, which was not addressed to the First Minister: in line with established practice, this correspondence was therefore not shown to the First Minister. The correspondence of 13 November 2007 was a forwarded copy of an email which was not addressed to the First Minister: in line with established practice, this correspondence was therefore not shown to the First Minister.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive who in the First Minister’s private office decided that correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between the company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore resort hotels planning application, which was received from the First Minister’s constituency office manager on 9 and 13 November 2007, should not be brought to the attention of the First Minister and how such a decision was reached.

Michael Russell: The decision was taken by the Assistant Private Secretary with responsibility for correspondence on the basis of established protocol.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what issues were discussed and agreed when the Minister for Enterprise, Energy and Tourism met representatives of Macdonald Hotels, the Cairngorms National Park Authority, Highland Council and the Minister for Community Safety in Aviemore on 26 October 2007.

Michael Russell: Those attending the meeting on 26 October 2007 discussed the progress, at that time, of the planning process relating to the application by Macdonald Hotels at Aviemore. The ministers urged all public agencies to work within the bounds of due process to progress the application quickly, aiming for the necessary information to be available in time for the next planning committee meeting.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether any member of the Scottish Government saw, or was shown, the exhibition of phase two of the Aviemore resort hotel’s development arranged by Mr Donald Macdonald for the First Minister during the SNP Conference in Aviemore from 26 to 28 October 2008.

Michael Russell: No member of the Scottish Government saw the exhibition.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it is ministers or the Scottish Environment Protection Agency (SEPA) that have a statutory responsibility placed on them by the relevant Acts which govern SEPA.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what specific statutory duties ministers have in relation to the functions of the Scottish Environment Protection Agency (SEPA) under the relevant Acts which govern SEPA.

Michael Russell: The Environment Act 1995 establishes SEPA and defines its main statutory powers and duties. Additional statutory duties have been given to SEPA by legislation enacted since the formation of SEPA. SEPA is responsible for the operational exercise of these powers. The Act also gives ministers certain functions in relation to SEPA, including the power to make appointments to the board of SEPA, give directions to SEPA, give guidance to SEPA with respect to the agency’s aims and objectives, and approve SEPA’s charging schemes.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether any minister has sought advice about instructing or directing the Scottish Environment Protection Agency in relation to taking any particular courses of action in the last seven months.

Michael Russell: Ministers have issued directions to the Scottish Environment Protection Agency (SEPA) since 1 August 2007 in a number of cases. These covered a range of topics, including water quality issues, bathing water classifications and SEPA’s charging schemes.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the reporter’s advice to ministers on Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s local plan public local inquiry in November 2007 have been considered by ministers and, if so, what conclusions were reached in each case.

Michael Russell: Responsibility for the preparation and adoption of local plans lies with the planning authority for the relevant area. The planning authority is responsible, where necessary, for appointing a reporter to hold a public local inquiry. The reporter’s report and recommendations are for the planning authority to consider, not Scottish ministers. It is for the planning authority to decide whether to accept or reject the reporter’s findings and recommendations.